Sponsored matching grants for wetlands conservation projects.

Proponent's argument for bill:(US Fish and Wildlife Service statement on NAWCA): The North American Wetlands Conservation Act of 1989 provides matching grants to carry out wetlands conservation projects in the US, Canada, and Mexico for the benefit of wetlands-associated migratory birds and other wildlife. The Standard Grants Program supports projects that involve long-term protection, restoration, and/or enhancement of wetlands and associated uplands habitats. The Small Grants Program supports the same type of projects but project activities are usually smaller in scope, [under] $75,000.

Opponent's argument against bill: (Heritage Foundation 2008 statement on wetlands enforcement):
The 2006 Supreme Court ruling in Rapanos v. US restricts the EPA from setting a strict and expansive definition on what classifies as a wetland and what can and can't be regulated. The EPA defines wetlands as "including swamps, marshes, bogs, and similar areas", but it is more complicated than that. For instance, in the Rapanos case, Rapanos' land was 20 miles away from navigable water, but under the EPA's unrestrained definition, the term "navigable water" was also broadly defined. Having such an expansive definition would allow the EPA to run wild with environmental regulation. A less expansive definition may beget more uncertainty as to how the EPA should regulate wetlands, but it will also lead to more careful deliberation rather than unwarranted regulations.

No EPA expansion of regulated waters.

Joyce signed Waters of the U.S. Regulatory Overreach Protection Act

Congressional Summary:

A BILL to preserve existing rights and responsibilities with respect to waters of the United States.

The EPA Administrator are prohibited from developing, finalizing, adopting, implementing, applying, administering, or enforcing the proposed Definition of 'Waters of the United States' Under the Clean Water Act (April 21, 2014); or any substantially similar proposed rule.

FEDERALISM CONSULTATION: The EPA Administrator shall jointly consult with relevant State and local officials to develop recommendations for a regulatory proposal, taking into consideration differences in State and local geography, hydrology, climate, legal frameworks, economies, priorities, and needs.

Argument in opposition: (by Rep. Bishop, D-NY-1)

The enactment of H.R. 5078 would, unfortunately, lock in place the interpretive guidance of the Bush administration: traditional
Clean Water Act protections over a significant percentage of waters has been called into question or have simply been lost. These are protections that existed for over 30 years prior to the issuance of the first Bush-era guidance in 2003 and are now all but lost, making it harder and more costly for individual States to protect their own waters should their upstream neighbors be unwilling or unable to fill in the gap in protecting water quality.

Pollution needs to go somewhere, and since pollution does not respect State boundaries when it travels downstream, it will have an adverse impact on the quality of life and the quality of the environment of those downstream States. Under H.R. 5078, the EPA would be prohibited from ensuring that polluters in Connecticut continue to reduce excessive amounts of nitrogen in the Sound, leaving my constituents in the State of New York without any recourse to stop them.